UT partly allows appeal but upholds disallowance of the compensatory element of an early redemption premium on loan notes under the loan relationships imported loss rule (UK Care No 1 Ltd v HMRC)
Tax analysis: In UK Care No 1 Ltd, the Upper Tribunal (UT) allowed the appeal of the appellant company (UKC1) in part. It considered section 327 of the Corporation Tax Act 2009 (CTA 2009), which provides for the disallowance of 'imported losses' (ie losses arising while the company is not within the UK tax net) under the loan relationships regime. The case concerned an early redemption of loan notes. The UT held that CTA 2009, s 327 can apply to a ‘loss’ which includes expenses, and it upheld the disallowance of the compensatory (non-penalty) element of an early redemption premium as an imported loss; however, it allowed relief for the unamortised issue costs and issue discount as referable to the post-migration period.